The Kerala High Court on Friday (September 25) ordered that no coercive proceedings shall be taken against CPI(M) leader K.S. Arunkumar in the crime registered accusing him of criminal defamation and provoking riots by making a facebook post criticising Home Minister Ramesh Chennithala's foreign trip to the US.

While considering Arunkumar's plea to quash the criminal proceedings, Justice C.S Dias today directed that he shall not be arrested and made it clear that the pendency of the case would not be a bar to proceed with the investigation.

The case stands posted to November 6 for further consideration.

Arunkumar is arrayed as the 1st accused in a crime registered by the Cyber Crime Police Station, Thiruvananthapuram accusing him of offences under Sections 192 [Wantonly giving provocation with intent to cause riot-if rioting be committed; if not committed] and 356 [Defamation] of the Bharatiya Nyaya Sanhita and Section 120(o) of the Kerala Police Act.

The prosecution allegation is that the three accused persons made Facebook posts with an intent to cause riot and for defaming the Home Minister and his family. It is alleged that the photos of the minister and his family was posted along with a remark that the minister's wife insisted on having an expensive seat having a ticket price of 8 lakhs. The prosecution further alleged that the accused made comments that 17 persons travelled to the US costing public money of 4 crores in 3 months and that they raised the question that what would be effect on the Treasury in 5 years.

In the plea, it is contended that the post was merely a constructive criticism regarding the functioning of the current political dispensation and the same falls under fair comment and protected under Article 19(1) of the Constitution.

The plea further states that the post was not made with any intention to cast any aspersion or insinuation or public defamatory remarks against the Minister or his family members. He has stated that the offences would not be made out even on a bare perusal of allegations and the posts actually made.

It is further stated that the crime was registered on the basis of a functioning of the ruling UDF party and as per Section 222 BNSS, cognizance for the offence of defamation cannot be taken except upon receipt of a private complaint by the aggrieved person.

He thus sought to quash the criminal proceedings against him. In the interim, he has prayed for stay of the proceedings.

Case No: Crl.MC 8069/2026

Case Title: K.S. Arunkumar v. State of Keralam and Anr.